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2017 DIGILAW 586 (UTT)

Sitab Singh v. State of Uttarakhand

2017-11-06

K.M.JOSEPH, V.K.BIST

body2017
JUDGMENT : V.K. BIST, J. Heard learned counsel for the parties. 2. Application for Leave to Appeal filed in Special Appeal No. 578 of 2017 is allowed. Leave is granted. 3. These Appeals being connected, we are disposing of the same by the following common judgment. 4. Appellant in Special Appeal No. 529 of 2017 is the writ petitioner in Writ Petition (M/S) No. 2465 of 2015. He filed the writ petition seeking the following relief’s: “(i) Issue a writ, order or direction quashing the order dated 15.09.2015 passed by the respondent no. 3. (ii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no. 3 not to conduct the election on the basis of voter list prepared by him in view of order dated 15.09.2015, which has not been published (or supplied to the petitioner). (iii) Issue a writ, order or direction quashing the election program dated 24.09.2015.” 5. Special Appeal No. 578 of 2017 has been filed by the appellant challenging the order dated 12.07.2017 passed by the learned Single Judge in Writ Petition (M/S) No. 2447 of 2015 filed by Mr. Balkishan Sharma (respondent no. 1 herein). Therein, he sought the following relief’s: “(i) To issue a writ or order in the nature of certiorari quashing the order dated 24.09.2015 issued by respondent no. 2 and order dated 26.09.2015 issued by respondent no. 4. (ii) To issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 to 6 to comply with the order dated 05.08.2015 and 27.08.2015 passed in WPMS No. 1162 and 2141 of 2015.” 6. Briefly put, the case of the appellant before the learned Single Judge is as follows: The Adarsh Vidhyalaya, Manakpur Adampur Society is running a School known as Adarsh Junior High School, Manakpur Adampur, District Haridwar. The election of the Committee of Management was held in the year 1995, which was approved by the District Education Officer, Haridwar and was accepted by the Deputy Registrar, Chit & Funds. Thereafter, one Mr. Netram, claiming himself to be the Manager of the newly constituted Committee of Management, filed a list of elected members of the Committee of Management. The election of the Committee of Management was held in the year 1995, which was approved by the District Education Officer, Haridwar and was accepted by the Deputy Registrar, Chit & Funds. Thereafter, one Mr. Netram, claiming himself to be the Manager of the newly constituted Committee of Management, filed a list of elected members of the Committee of Management. The said list was approved on 20.06.1996; but, the order dated 20.06.1996 was set aside by the District Basic Education Officer, Haridwar vide order dated 20.02.1998 and the approval to the election of the Committee of Management headed by Mr. Netram was set aside. Order dated 20.02.1998 was challenged by the Committee of Management by way of filing Writ Petition (M/S) No. 7410 of 1998 before the Allahabad High Court. The Allahabad High Court, vide order dated 03.03.1998, stayed the operation of the order dated 20.02.1998. After creation of the State of Uttarakhand, the said writ petition was transferred to this Court and was renumbered as Writ Petition (M/S) No. 319 of 2002. The learned Single Judge of this Court vide order dated 05.05.2008 dismissed the said writ petition. According to the appellant, the said order was not in the knowledge of anyone and, for the first time, it came into the notice of the Chief Education Officer in the month of August, 2012. The Chief Education Officer, Haridwar, considering the fact that the Committee of Management is not in existence, on 29.08.2012, passed an order of single operation of the Adarsh Junior High School/Higher Secondary School, Manakpur Adampur and directed that, till further orders, operation of the managerial accounts of the School will be done by the joint signatures of the Finance Officer, School Education, Haridwar and the Principal of the institution. Thereafter, Writ Petition (M/S) No. 1162 of 2015 was filed by the appellant before this Court. Mr. Bal Kishan Sharma (respondent no. 1 in Special Appeal No. 578 of 2017) also filed Writ Petition (M/S) No. 1281 of 2015 before this Court. Thereafter, Writ Petition (M/S) No. 1162 of 2015 was filed by the appellant before this Court. Mr. Bal Kishan Sharma (respondent no. 1 in Special Appeal No. 578 of 2017) also filed Writ Petition (M/S) No. 1281 of 2015 before this Court. During the pendency of Writ Petition (M/S) No. 1162 of 2015, Writ Petition (M/S) No. 1281 of 2015 was disposed of by this Court on 04.06.2015 and, after filing of recall application by the appellant seeking recall of the order dated 04.06.2015, the Writ Petition (M/S) No. 1162 of 2015 was heard and disposed of by the learned Single Judge of this Court vide order dated 05.08.2015 in the following manner “Mr. A.K. Joshi, learned Addl. C.S.C. appearing for respondent nos. 1, 2 & 3, fairly submits that since election has not taken place as yet, therefore, list of the existing members/voters shall be published within 10 days from today positively inviting the objections thereon within next one week; voter list/ list of members shall be finalized after hearing all concerned within next two weeks and, thereafter, election shall be notified fixing the date for nomination, objections against nomination and for withdrawing nomination and date of voting. Further contends that after result of the election, management of the Society shall be handed over to the newly elected committee of management and it would be open to the newly elected committee of management to induct all eligible, who are interested to be inducted, as members on payment of prescribed fee.” In compliance of the order dated 05.08.2015, the Block Education Officer, Narsan, District Haridwar issued a press release, published in Amar Ujala newspaper on 02.09.2015, whereby the list of 27 members of general body was published. According to the appellant, list of 27 members of general body was based on the list, on which basis election was held in the year 1997. It is alleged that the list of 27 members of the general body/voter was shown, while 9 members shown in the said list were already expired. Appellant alongwith others filed detailed objection on 07.09.2015. The respondent no. 3, vide order dated 15.09.2015, rejected the objections filed by the appellant and others. Against the order dated 15.09.2015, appellant filed Writ Petition (M/S) No. 2465 of 2015 before this Court. Another writ petition, bearing Writ Petition (M/S) No. 2447 of 2015, was filed by Mr. Appellant alongwith others filed detailed objection on 07.09.2015. The respondent no. 3, vide order dated 15.09.2015, rejected the objections filed by the appellant and others. Against the order dated 15.09.2015, appellant filed Writ Petition (M/S) No. 2465 of 2015 before this Court. Another writ petition, bearing Writ Petition (M/S) No. 2447 of 2015, was filed by Mr. Balkishan Sharma challenging the order dated 24.09.2015 passed by the Director, Madhyamik Shiksha Uttarakhand, Dehradun, by which the Chief Education Officer, Haridwar was directed to conduct a detailed inquiry with regard to the membership and, thereafter, to conduct the election. Mr. Balkishan Sharma also challenged the order dated 26.09.2015 passed by the Chief Education Officer, Haridwar, wherein it is mentioned that, in compliance of the order dated 24.09.2015 passed by the Director, Madhyamik Shiksha Uttarakhand, Dehradun, received through Fax, a direction has been issued for making a detailed inquiry as regard to the membership and, thereafter, to conduct the election and the Authorized Controller Adharsh Uchatar Madhyamik Vidhalaya Manakpur Adampur Bhagwanpur District Hariwar, Block Education Officer Bhagwanpur, District Haridwar and the Election Officer (Block Education Officer Narsan, District Haridwar) Adarsh Uchatar Madhyamik Vidhalaya Manakpur Adampur Bhagwanpur, District Haridwar were directed to conduct a detailed inquiry. The learned Single Judge of this Court clubbed the writ petition filed by the appellant and the writ petition filed by Mr. Balkishan Sharma and disposed of the same by a common judgment dated 12.07.2017 in the following manner: “4. Meanwhile, it is necessary to state that it is the Society which runs the school, which is under grant-in-aid. There have been no elections to the Management Committee for the last many years. 5. In WPMS No. 2447 of 2015, it has been stated that the last election to the Management Committee were held in the year 1997. The second writ petition being WPMS No. 2465 of 2015 has been filed by the petitioner challenging the order dated 15.09.2015, whereby the Block Education Officer, Narsan, District Haridwar has rejected the objection moved by the petitioner on ground that the petitioner has not been able to show any proof that the last election was held in the year 1995. The second writ petition being WPMS No. 2465 of 2015 has been filed by the petitioner challenging the order dated 15.09.2015, whereby the Block Education Officer, Narsan, District Haridwar has rejected the objection moved by the petitioner on ground that the petitioner has not been able to show any proof that the last election was held in the year 1995. Simultaneously, the Block Education Officer has come to the conclusion that the last election was held in the year 1997 and therefore, the election has now to be conducted on the basis of the list of members as per the election held in the year 1997. The case of the petitioner in WPMS No. 2465 of 2015 is that the election to the Management Committee was held in the year 1995. But the fact remains that whether it is 1995 or 1997, these were the last elections and since then no elections have taken place and since 2012, the school is being run by an Administrator and now elections to the Management Committee have to be held. 6. Earlier this Court vide order dated 27.08.2015 had directed that elections be held in accordance with law. There can be no quarrel with the fact that since the school is a private school and is being run by the Committee of Management, therefore until such time the school is acquired and provincialized by the State Government, it must be run in accordance with law under the Scheme of Administration by an elected Committee of Management. The election is to be conducted under the supervision of Block Education Officer, Narsan. The Block Education Officer has categorically given a finding that the list of the members of the society which is available to him is of the year 1997 and which pertains to the last election held in the year 1997. 7. The case of the petitioner in WPMS No. 2465 of 2015 is that the elections were held in the year 1995. As far as this contention is concerned, the finding of the Block Education Officer is that there is no record available with him. In such circumstances, the Block Education Officer was well within its rights to have considered only the members who had participated in the last election process held in the year 1997. 8. In the considered view of this Court, elections must be held in accordance with law. In such circumstances, the Block Education Officer was well within its rights to have considered only the members who had participated in the last election process held in the year 1997. 8. In the considered view of this Court, elections must be held in accordance with law. The concerned Block Education Officer is hereby directed to conduct free and fair election in accordance with law, as per the list of valid voters available before him. 9. The two writ petitions are disposed of accordingly with the above direction.” 7. Feeling aggrieved by the common judgment dated 12.07.2017, the appellants are before us. 8. We have heard Mr. Tapan Singh, learned counsel appearing for the appellant, Mr. Parikshit Saini, learned counsel appearing for respondent no. 1 in Special Appeal No. 578 of 2017 and also Mr. S.S. Chauhan, Deputy Advocate General for the State of Uttarakhand. 9. The order impugned in Writ Petition (M/S) No. 2465 of 2015 is the order dated 15.09.2015 passed by the Block Education Officer, Narsan. It is the contention of the learned counsel for the appellant that earlier election was held in the year 1992; though, there is no such case in the writ petition. It is the further case of the appellant that earlier the election was again held in the year 1995 and, at that time, appellant was the member. He submitted that, at that time, total number of members was 86. He submitted that though election was again held in the year 1997; but, that election was set-aside. He submitted that, in any case, election could not be held in the year 1997, inasmuch as, the term of the Committee of Management is of three years and election could only be held 3 years after 1995. He submitted that, in fact, 123 members are the valid members for the purpose of election to be held in 2015 and the finding given by the Block Education Officer is incorrect. He submitted that the learned Single Judge has also not considered the fact that the list, which was valid in the year 1992 and 1995, is also valid for the purpose of election to be held in the year 2015. 10. We find that the Block Education Officer, in his order, has considered the submission of the parties regarding 123 members. 10. We find that the Block Education Officer, in his order, has considered the submission of the parties regarding 123 members. There was direction of the Chief Education Officer, Haridwar to the Block Education Officer Bhagwanpur to constitute a committee of three members. Committee was constituted. The matter was inquired in respect of 123 members and, upon inquiry, it revealed that those members do not have any bank account in the College and no record was found in the Cash Book Register also. It was further revealed that the said list is not approved by the Chief Education Officer, Haridwar. On the other hand, it is the case of the respondents that in the list of members of 1997, there are 27 members. Last election was held in 1997. The said list was certified by the Deputy Registrar, Chit & Funds and, on the direction issued by the Chief Education Officer, Haridwar, the decision was taken to conduct election on the basis of the said list. It is submitted by the learned counsel for the respondents that, out of those 27 members, 09 members have died and the election will be conducted as per the said list. 11. It is the contention of the learned counsel for the appellant that since 1997 election was cancelled; the said list cannot be relied on. We do not find any force in this submission, inasmuch as, from the perusal of the order dated 20.02.1998, we find that the issue of membership was not before the District Education Officer, while setting aside the election of 1997. Therefore, on the basis of the said order, it cannot be said that the membership list of 1997 is not a valid list. Moreover, the 1997 list is subsequent to the list of 1995. Even if submission of the learned counsel for the appellant is accepted that, in the year 1992, there were 127 members and, in the year 1995, there were 86 members, those members, in our view, cannot become members in the year 2015 when they were not member in the year 1997. 12. Learned Deputy Advocate General for the State of Uttarakhand also submitted that the Authorities did not have any record except of the year 1997. 13. 12. Learned Deputy Advocate General for the State of Uttarakhand also submitted that the Authorities did not have any record except of the year 1997. 13. In the totality of the facts, we do not think that the appellant has made out any case to interfere with the judgment passed by the learned Single Judge. Accordingly, the Appeals fail and are dismissed. 14. There will be no order as to costs.